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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (Feb. 18, 1971)
legal skirmishes E
by GARY SEACREST
Claiming that the Board of Regents' action to dismiss him
was "illegal, irrational, and arbitrary," Stephen L. Rozman
filed suit against the Regents in U. S. District Court
Wednesday seeking his faculty job back and $100,000
The suit contends that the Regents denied Rozman due
process and imposed sanctions against the assistant professor
of political science for exercising his constitutional rights.
In addition to the compensatory damages, the suit asks that
the Regents pay punitive damages for their actions in
THE SUIT was filed by Rozman's attorney, Patrick Healey,
against the Board of Regents as a body and against the eight
The Regents in a Feb. 6 meeting voted unanimously not to
reappoint Rozman as an assistant professor of political science
because of his actions during the occupation of the ROTC
Building last May while protesting the U. S. invasion of
Claiming that Rozman's conduct during the occupation of
the ROTC Building "was entirely peaceful, non-violent, (and
non-disruptive ), the suit states that those present during the
occupation were assured by the NU administration that their
presence and actions in the building violated no laws or rules
that would involve University disciplinary action and that
Rozman attempted to negotiate a basis for a University
administration statement that would "resolve the occasion for
THE LEGAL BRIEF adds that the political science
teacher's activities "did not exceed in any way the bounds of
his constitutionally protected freedoms as a citizen," "did not
exceed any existing and valid standard, rule or guideline for
faculty conduct," and .was in full accordance with the exercise
of peaceful and non-violent demonstration recognized, in the
University's "Policy Statement on Campus Disorders" adopted
by the Regents.
The suit contends that the Regents decision not to
reappoint Rozman was "illegal, irrational, and arbitrary"
THURSDAY, FEBRUARY 18, 1971 LINCOLN, NEBRASKA VOL 94 NO. 65
ASUN plans Indochina teach-in
Turn to page 2
Student government is
organizing a University-wide
teach-in, featuring nationally
known speakers, concerning
the war in Indochina.
Scheduled for March 4, the
teach-in is being presented in
cooperation with the national
office of the Association of
Student Governments in
Washington D. C. The
teach-in is planned for both
afternoon and evening sessions.
Some famous names already
slated to appear are Allard
Lowenstein, Arthur Schlesinger
and David Halberstam.
Lowenstein is a former
Congressman from New York
and an initiator of the "dump
LBJ" movement before the
Schlesinger was an aide to
President John F. Kennedy and
is now a historian at Columbia
Halberstam is a well-known
journalist who received the
Pulitzer Prize for his coverage
of the Vietnam War.
ASUN President Steve
Tiwald said there was an
outside chance that a
prominent United States
Senator outside of the
Nebraska delegation might also
appear. According to Tiwald it
will be several days before the
senator's availibility is known.
Tiwald also announced the
decision to invite the
Congressmen and Senators
from Nebraska. Since the other
speakers are known for
"dovish" positions on the
Indochina situation, ASUN
thought the Nebraskans would
help balance the presentation.
The teach-in . will also
include panels and discussion
with local people and faculty.
ASUN will pay travel expenses
Impetus for the teach-in
came from a resolution by Sen.
Tim Kincaid at Wednesday's
In the resolution Kincaid
notes that "a proper and
important duty" of the student
senate is to facilitate a flow of
"consequential matters of
concern to students", such as
the Indochina War. It called for
a Teach-in involving speakers
and discussion groups with
Kincaids's resolution was
passed with one abstention and
no negative votes.
NU student group organizes march
A group of University of
Nebraska students has taken
out a city parade permit and
plans to march from the
Nebraska Union to the State
Capital Thursday afternoon.
According to senior Ray
Bamdad, the group plans to
march down 13th Street to the
Capital in protest of the firing
of Stephen L. Rozman.
A rally is planned for 1:30
in the Union Ballroom and the
march is slated for 2 p.m.
by MARSHA BANGERT
Whether the University faculty restrained from setting a fire
or failed in its moral duty at Monday's specialfaculty meeting
to discuss the Stephen L. Rozman case depend on who is
A firebrand resolution to censure the Regents would be
worthless and "might only set fire to something," said Thomas
N. Winter, assistant professor of classics.
, EDGAR A. PEARLSTEIN, professor of physics, doesn't
like the word censure, but does believe that the faculty should
express its feelings on issues concerning the University.
"It's not only appropriate, but morally mandatory," he
The two faculty members opinions exemplify the division
that clogged action at the Monday meeting.
WINTER ALSO SAID the faculty fact-finding committee
had "picked up the handkerchief that the Spelts Committee
bad dropped" and determined the facts. The Regents drew
their own conclusions from the facts and "whether one likes it
or not," the faculty are now powerless in the case, he said. "I
cannot rehire Stephen Rozman and no other faculty member
can and the Faculty Senate cannot," he asserted. "One does
not want to throw a monkey wrench into the relationship with
the new Board of Regents and censuring them would serve no
Winter doesn't feel that Rozman's case raises the question of
He noted: "Freedom of speech is sacrosanct in the
classroom. Outside the classroom, there is room for
disagreement among reasonable men" as to what an employe
can say to his employ er.
WINTER SEES the Rozman case as an exposure that
procedures for hiring and firing faculty need to be regulated.
At Monday's special meeting he co-sponsored a resolution
with 45 faculty members which called for the adoption of the
Academic Privilege aqd Tenure Committee's new code of
procedures governing grievances and dismissals. The resolution
The code is committee work already done, Winter said. He
added that the Academic Constitutional Convention the
faculty Monday petitioned the Regents to call would
accomplish only the same purpose as the code.
"Why do all the work over agau?" he asked.
PEARLSTEIN also was disappointed in the resolution
passed by the faculty Monday, but for different reasons.
"It can easily have the effect of turning us away from the
case at hand" (Rozman's dismissal), he said.
Rozman's opportunity to speak to the faculty was "the one
good thing" about Monday's special faculty meeting,
according to Pearlstein. He added that the University faculty
needs personal contact with Rozman rather than news
accounts to judge his character.
At the meeting, Pearlstein submitted a resolution that the
faculty should "hereby expresses its strong disapproval of the
Board's decision not to renew Professor Rozman's contract."
The resolution was not discussed.
THE REGENTS SHOULD insulate the operation of the
University from political influence ""as much as possible,"
He called them the link between the University and the
people of Nebraska, but said they should not allow their
constituents to dictate their action
NOTING THAT COMMUNICATIONS and confidence gaps
have developed between the faculty and the Regents,
Pearlstein advised that bridges to span these gaps must come
from the Regents.
He said, "They have the power."
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Pearlstein. . .Faculty action is "morally mandatory.
Winter. . .A firebrand resolution might set fire to something.
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